In September 2022, Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC) published the “International Investment Arbitration in China: An Annual Review and Preview (2022)” (2022年度中國國際投資仲裁年度觀察, hereinafter the “Report”).
The Report mainly introduces the following aspects:
(1) International investment agreements negotiated or concluded by China in 2022,
More specifically: (1) the market access commitments made in the China-EU Comprehensive Agreement on Investment (CAI); (2) China’s bid to join the Comprehensive Progressive Trans-Pacific Partnership (CPTPP) and Digital Economy Partnership Agreement (DEPA); (3) the entry into force of Regional Comprehensive Economic Partnership (RCEP) in China; and (4) WTO members’ negotiations for a multilateral agreement on investment facilitation.
(2) Investment arbitration cases with the Chinese government as the respondent or Chinese investors as the Claimants,
As of 31 Mar. 2022, there have been eight investment disputes with the Chinese government as the respondent and 19 with Chinese investors as the claimants. The Report analyzes the overview and characteristics of these cases.
(3) Analysis of significant legislative activities, laws, and regulations concerning foreign investment,
(4) Investment dispute settlement in China,
(5) Reform of the investor-State dispute settlement (ISDS) mechanism, and
(6) Participation of Chinese arbitration institutions, arbitrators, and lawyers in international investment arbitration.
Cover Photo by Jeremy Cai on Unsplash
Contributors: CJO Staff Contributors Team
